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United States Court Cases

Nevada Supreme/Appellate Court Record

NOTO (RYAN) VS. STATE

Case Information: 37602
Short Caption:NOTO (RYAN) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C169986Classification:Criminal Appeal - Fast Track - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/23/2001Filing Fee Filing Fee Waived.
03/23/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) 01-05132
04/25/2001MotionFiled Motion to Extend Time. 01-06961
05/15/2001Order/ProceduralFiled Order Denying Motion. On April 25, 2001, Mr. Cristalli filed a motion for an extension of time to file the fast track statement. Mr. Cristalli provides no explanation for why the rough draft transcript requests were not timely filed, nor does he provide any reason why he was not able to file the fast track statement in a timely fashion. Cristalli has failed to demonstrate extreme need or merit, and the motion for an extension is denied. Mr. Cristalli shall immediately file the rough draft transcript request form. The fast track statement and appendix shall be filed and served within 30 days of this order. Failure to comply with the provisions of NRAP 3C will result in the imposition of sanctions. 01-08077
06/15/2001MotionFiled Motion to Extend Time. 01-10043
06/18/2001MotionFiled Motion. 01-10185
06/22/2001Order/ProceduralFiled Order. On June 18, 2001, counsel for appellant filed a motion to withdraw as appellant's attorney of record. Counsel may not withdraw until he or she has fulfilled the obligations set forth in NRAP 3C(b). The motion to withdraw is therefore denied. On June 15, 2001, counsel for appellant filed a motion for an extension of time to file the fast track statement. Counsel for appellant has failed to demonstrate extreme need or merit. fn5[On May 15, 2001, this court denied counsel's previous motion for an extension, and ordered counsel to file the rough draft transcript request forms immediately, and the fast track statement and appendix on or before June 15, 2001. Counsel was cautioned that failure to comply with the provisions of NRAP 3C would result in the imposition of sanctions.] Counsel for appellant shall file and serve the fast track statement and appendix within 20 days of this order or show cause why counsel for appellant should not be sanctioned. 01-10596
06/27/2001Order/CounselFiled Order/Sanctions. On May 15, 2001, this court ordered Mr. Cristalli to file the rough draft transcript forms immediately. To date, no rough draft transcript request forms have been filed in this court, and it appears that none have been filed in the district court. We conclude that the imposition of a monetary sanctions is appropriate. Mr. Cristalli shall personally pay the sum of $500.00 to the Supreme Court law Library and provide the clerk of this court with an affidavit or certificate verifying that payment has been made within 20 days of the date of this order. Mr. Cristalli shall have 5 days to file the rough draft transcript request forms or show cause why Mr. Cristalli should not be sanctioned further. 01-10828
07/05/2001Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 01/29/01, 02/27/01. Court Reporter: Robert Mintun and Janice Liston. No district court file stamp. 01-11298
07/11/2001TranscriptFiled Transcript. Proceedings: 1/29/01; 2/27/01. Court Reporter: Robert Mintun. 01-11725
07/17/2001Notice/IncomingReceived Notice. Note from Supreme Court Law Library indicating that the $500 sanction imposed on attorney Cristalli was paid on July 12, 2001 (check no. 6073).
07/17/2001Fast Track BriefFiled Fast Track Statement. 01-12111
07/17/2001AppendixFiled Appendix to Fast Track Statement. 01-12112
07/18/2001Notice/IncomingFiled Proof of Payment of Sanction. from attorney Michael V. Cristalli. $500 to Supreme Court Law Library. 01-12189
07/18/2001MotionFiled Motion. Motion for Reconsideration (of sanctions). 01-12205
07/24/2001Fast Track BriefFiled Fast Track Response. 01-12519
07/24/2001AppendixFiled Appendix to Fast Track Response. 01-12520
08/14/2001Order/ProceduralFiled Order. On July 18, 2001, Michael V. Cristalli filed a motion to reconsider the sanction imposed by this court on June 27, 2001. We conclude that Mr. Cristalli has failed to show that the sanction order should be vacated, and the motion to reconsider is denied. Mr. Cristalli has also renewed his motion to withdraw as counsel of record in this appeal. Because counsel for appellant has fulfilled the obligations placed on trial counsel by NRAP 3C (b), the motion is granted. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, district court shall have 30 days to appoint counsel. Otherwise, district court shall order that within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. District court clerk: 5 days to transmit district court order to this court and serve a copy of this order of remand on appellant's counsel. Counsel: 10 days to enter appearance. Appellate counsel may file a supplemental fast track statement "if appellate counsel can assert material issues which should be considered and which were not raised in the fast track statement." Such supplemental fast track statement must be filed within twenty days of appellate counsel's appointment. 01-13783
09/20/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Osvaldo E. Fumo. 01-15878
10/09/2001Fast Track BriefFiled Fast Track Statement. 01-16890
10/09/2001Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days.
10/11/2001Order/IncomingFiled District Court Order. Filed certified copy of Notice of Appointment of Counsel filed in district court on October 9, 2001, appointing Osvaldo Fumo as counsel for appellant. 01-17169
10/15/2001Fast Track BriefFiled Fast Track Response. 01-17382
10/15/2001AppendixFiled Appendix to Fast Track Response. Respondent's Supplemental Appendix. 01-17383
10/17/2001Notice/IncomingFiled Proof of Service. (Supplemental Fast Track Statement). 01-17554
11/14/2001Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal DISMISSED." NNP02-MS/RR/NB 01-18968
12/11/2001RemittiturIssued Remittitur. 01-19501
12/11/2001Case Status Update Remittitur Issued/Case Closed.
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on December 17, 2001. 01-19501